21 results for 'cat:"Discovery" AND cat:"Police Misconduct"'.
J. King partially grants the city's motion to stay the family's complaint alleging that the city's employees killed the decedent by placing a spit mask on him after they choked him. The police officers plan to assert their Fifth Amendment rights for the potential federal charges against them, and their depositions are the only identified discovery that the family does not have, so a stay is appropriate. Unless the stay goes on beyond six months, the parties shall notify the court when the U.S. Attorney's Office for the Western District of Washington decides whether to pursue federal criminal charges against the police officers within 30 days of notification.
Court: USDC Western District of Washington, Judge: King, Filed On: May 6, 2024, Case #: 3:21cv5692, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, discovery, police Misconduct
J. Gaziano affirms in part the granting of summary judgment mandating disclosure of documents requested by a man whose brother was fatally shot by police after he violently resisted arrest. The privacy exemption does not apply to documents related to police misconduct investigations, and whether or not documents count as being related to a police misconduct investigation is not limited to cases where officers are found guilty of misconduct. Affirmed.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: April 26, 2024, Case #: SJC-13468, Categories: discovery, police Misconduct
J. Major partly grants a civilian's motion to compel production of a police officer's personnel files after he performed a leg sweep on him, which resulted in a shattered eye socket. Although the files may contain some irrelevant information, the production of 300 pages is not disproportionate to the needs of the case. Furthermore, the officer's privacy concerns do not outweigh the civilian's need for the requested information, especially given that certain identifying information can be redacted.
Court: USDC Southern District of California, Judge: Major, Filed On: March 29, 2024, Case #: 3:23cv32, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, discovery, police Misconduct
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J. Vitter denies a request by a motorist arrested on marijuana and weapons charges to overrule a magistrate judge’s decision in a discovery dispute in his civil rights case against a deputy and sheriff. His request for an order requiring the sheriff's office to turn over 255 reports is disproportionate to the needs of the case; the sheriff need only turn over 84 of the requested records. The motorist, whose charges were resolved by pretrial diversion, has not provided evidence to support his accusations the sheriff's office is deliberately withholding documents.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 1, 2024, Case #: 2:21cv1275, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, discovery, police Misconduct
J. Drozd grants, in part, a detective’s motion to stay discovery in a police shooting-related civil rights case during the pendency of a related criminal proceeding. A 3-month stay is warranted based, in part, on the detective's Fifth Amendment concerns.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: November 22, 2023, Case #: 2:20cv1563, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, discovery, police Misconduct
J. Major denies the married couple's motion to compel documents concerning claims that they were falsely accused of committing burglary, which landed them both in jail overnight. The husband and wife fail to explain how internal affairs reports and photographs related to car accidents involving the defendant deputies are relevant and proportional to the needs of the case. Also, the couple seeks a video from the husband's booking at the jail, but the county performed a search and determined that no such video exists.
Court: USDC Southern District of California, Judge: Major, Filed On: November 9, 2023, Case #: 3:22cv512, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, discovery, police Misconduct
J. Benitez issues a mixed ruling on both parties' motions in limine to exclude certain evidence at trial concerning the death of a detainee who was confined in County jail. The county is not entitled to the exclusion of evidence referencing the post-incident investigations by both Internal Affairs of the prison and the Registered Nursing Board, but the county can exclude evidence of post-incident changes to the jail's policies. Decedent's family members are entitled to withhold certain evidence about decedent's criminal history.
Court: USDC Southern District of California, Judge: Benitez, Filed On: November 9, 2023, Case #: 3:16cv1004, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, discovery, police Misconduct
J. Vance partially grants the deputy's and sheriff's motion to stay discovery pending a ruling on the anticipated motion for summary judgment in the patient's complaint alleging that deputies who arrived on scene for his medical emergency tased him multiple times while he was confused and disoriented. The deputy intends to file a motion for summary judgment on his entitlement to the immunity defense. All discovery is stayed pending a ruling on the motion for summary judgment or an order from the court permitting limited discovery that may be necessary to determine the deputy's entitlement to qualified immunity.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: October 27, 2023, Case #: 2:23cv1005, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, discovery, police Misconduct
J. Howell denies a motion by a protester to exclude the testimony of a former Dallas deputy police chief in a civil rights lawsuit stemming from injuries the protester sustained during a demonstration in 2020. The protester argues the cop plans to offer "unsubstantiated" opinions, including his view that the Austin Police Department is "progressive," but because the protester disputes the cop's opinions rather than his underlying facts or data, the protester can push back on these arguments "through the adversary process and not through exclusion."
Court: USDC Western District of Texas , Judge: Howell, Filed On: September 14, 2023, Case #: 1:21cv249, NOS: Other Civil Rights - Civil Rights, Categories: Experts, discovery, police Misconduct
J. Bredar partially grants an Ocean City resident his motion to compel discovery in his lawsuit stemming from an incident in which two police officers arrested him for allegedly making "clicking" noises at a police horse to distract it. The resident requests discovery as to the history of all officers on the city police force as to incidents of race discrimination. However, this request will be limited to the past 10 years, the two officers in question, and any complaints alleging race discrimination that were sustained in court, to make the scope of the investigation appropriate to this suit.
Court: USDC Maryland, Judge: Bredar, Filed On: September 14, 2023, Case #: 1:23cv82, NOS: Other Civil Rights - Civil Rights, Categories: discovery, police Misconduct
J. Howell denies a motion by a protester to exclude the testimony of a former Dallas deputy police chief in a civil rights lawsuit stemming from injuries the protester sustained during a demonstration in 2020. The protester argues the cop plans to offer "unsubstantiated" opinions, including his view that the Austin Police Department is "progressive," but because the protester disputes the cop's opinions rather than his underlying facts or data, the protester can push back on these arguments "through the adversary process and not through exclusion."
Court: USDC Western District of Texas , Judge: Howelll, Filed On: September 14, 2023, Case #: 1:21cv1087, NOS: Other Civil Rights - Civil Rights, Categories: Experts, discovery, police Misconduct
J. Montenegro grants in part San Diego's motion in limine to toss out opinions from the civilian's expert in a lawsuit accusing the city's officers of using excessive force when arresting the civilian. The civilian's expert "in police procedures and practices" is precluded from testifying that the civilian's injuries can be attributed to the officers' actions, because he is not a medical expert. The expert's opinion that the officers' use of force was "excessive" is also precluded, as it is an improper legal conclusion.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: August 25, 2023, Case #: 3:20cv2273, NOS: Other Civil Rights - Civil Rights, Categories: Experts, discovery, police Misconduct
J. Gallagher grants two Baltimore police officers summary judgment in a suit brought against them by two men whose 1984 conspiracy to murder convictions were vacated in 2019 following a petition for writ of actual innocence. Based on potential newly discovered evidence, a new trial was ordered and the men alleged 11 counts against the officers including constitutional violations and malicious prosecution. However, before the new trial begins, the evidence must be determined to be admissible or not. Although a third man claimed that he had been manipulated by detectives to testify falsely during the initial trial, at which time he was 13 years old, he is now deceased and his testimony is from 30 years ago is unreliable. The only admissible evidence comes from a witness who testified against the accused in the original trial.
Court: USDC Maryland, Judge: Gallagher, Filed On: August 23, 2023, Case #: 1:20cv795, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, discovery, police Misconduct